COPA /was: potentials in this business

[Fisty Palmer]

The recent thread on potential earnings in this business got me reviewing articles about COPA, which is the child online protection law that the Republicans would like to see enforced.

If there was ever a reason to diversify into other industries, this might be it. What would you guys do if this law was set into motion?

Here's an excerpt from a recent article on the subject:

~~~

The case of Ashcroft v. the ACLU before the United States Supreme Court is the successful result of an appeal by Ashcroft to the decision of a lower court. The US Supreme Court will (for the second time) decide on the constitutionality of COPA.

COPA is the Child Online Protection Act. COPA was signed into law in 1998. Since it became a law COPA has never been enforced. Instead, COPA has been bouncing around the higher court system for the past five years, mostly due to the diligence of the ACLU.

What is this law? Why does the ACLU fight it? Why does the Justice Department fight for its survival? Why is it so important that the Supreme Court is hearing the case of Ashcroft v. the ACLU? The Child Online Protection Act is an amendment to section 223 of the 1934 Communications Act. The gist of COPA goes like this: “…to require persons who are engaged in the business of selling or transferring, by means of the World Wide Web, material that is harmful to minors to restrict access to such material by minors”.

Sounds pretty simple in a legalese sort of way. Basically, COPA wants to apply age-restricted access to pornographic content on the Internet. That sounds reasonable. Who wants kids hitting a gangbang page? In the US adult businesses are usually housed in remote locations or far separated from residential neighborhoods. One has to provide proof of age when entering such businesses. When it comes to adult entertainment in the physical world, the kids are shut out.

Unfortunately, on the web, it’s pretty impossible to keep the kids out of the smut section. A paysite membership fee stops most tots from seeing the inside of a member’s area. The concern for the sponsors of COPA is the amount of free cybersmut available to anyone who finds it. The Child Online Protection Act would make it illegal to expose children to materials that would be considered harmful according to the community standards criteria. COPA suggests that violators be sentenced to pay a $50,000 fine, serve six months in jail or both.

Let’s put this in terms all adult webmasters can understand. COPA became law in 1998. The ACLU got the 3rd U.S. Court of Appeals in Philadelphia to declare an injunction against COPA on the grounds of unconstitutionality. The Justice Department appealed the ruling to the Supreme Court. The Supreme Court sent it back to the Court of Appeals. The Court of Appeals upheld the injunction against COPA. Now Ashcroft has won himself another hearing in front of the US Supreme Court in the hopes of overturning the injunction against COPA.

If the injunction is lifted and COPA becomes enforceable that means no more free sites, no more TGPs, no more MPGs, no more top lists, no more galleries, no more boobies, no more twat shots, no more insertion pics without an ID. If COPA gets its teeth, fuck your Warning page. Fuck your JavaScript prompt. Fuck free fucking pics.

That sounds swell to a lot in our industry. There’s a large faction of site owners who don’t need or want freeloaders, especially kids. There are those who believe it is possible to sell without using graphic/offensive pictures or text. The problem is the adult Internet has been using free, explicit content as a primary sales tool. The whole affiliate/sponsor model depends on gallery builders and TGP operators, as well as the designers, content providers and hosts subsequently involved. Will TGPs and MGPs survive if all they’re allowed to post are links to G-rated galleries?